Browsing Vanderbilt Law School Faculty Works by Title
Now showing items 928-947 of 1354
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(Wake Forest Law Review, 2021)A number of states use statistically derived algorithms to provide estimates of the risk of reoffending. In theory, these risk assessment instruments could bring significant benefits. Fewer people of all ethnicities would ...
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(San Diego Law Review, 2011)Among modern-day legal academics determinate sentencing and limiting retributivism tend to be preferred over indeterminate sentencing, at least in part because the latter option is viewed as immoral. This Article contends ...
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(Wisconsin Law Review, 1999)The traditional juvenile court, focused on rehabilitation and "childsaving," was premised primarily on a parens patriae notion of State power. " Because of juveniles' immaturity and greater treatability, this theory posited, ...
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(UCLA Law Review, 1999)In this Article, Professor Nancy King develops an approach for determining when judges should block the efforts of criminal litigants to bypass constitutional and statutory requirements other than those already traded ...
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(Vanderbilt Law Review, 2015)The value of a statistical life (VSL) is the most influential single parameter used in calculating the benefits of governmental regulations. While there are some inter-agency differences, there is a commonality in the ...
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(Marquette Law Review, 2004)Negotiation is often viewed as an alternative to adjudication. In fact, however, negotiation and adjudication may be more alike than different because each is a process of persuasion. Both in the courtroom and at the ...
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(Ohio State Journal of Criminal Law, 2018)Risk assessment — measuring an individual’s potential for offending — has long been an important aspect of criminal justice, especially in connection with sentencing, pretrial detention and police decision-making. To aid ...
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(Akron Law Review, 2007)Would-be infringers target university patents because faculty inventors are more likely to make inadvertent disclosures than industrial inventors, possibly because of the importance of quick disclosure and publishing in ...
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(Fordham Environmental Law Review, 2018)This Article explores how private governance can reduce the climate effects of global civil aviation. The civil aviation sector is a major contributor to climate change, accounting for emissions comparable to a top ten ...
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(Columbia Law Review, 2005)This Article proposes a new conception of the administrative regulatory state that accounts for the vast networks of private agreements that shadow public regulations. The traditional account of the administrative state ...
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(Vanderbilt Journal of Transnational Law, 1998)The sharply contested religion cases from Germany in the late 1990s...point to problems with our growing reliance on private religious choice analysis that demand our attention in both government funding and speech cases. ...
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Private Values of Risk Tradeoffs at Superfund Sites: Housing Market Evidence on Learning About Risk (The Review of Economics and Statistics, 2000)This paper incorporates a Bayesian learning model into a hedonic framework to estimate the value that residents place on avoiding cancer risks from hazardous-waste sites. We show that residents are willing to pay to avoid ...
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(Georgetown Law Journal, 2013)This Article challenges the academic and policy consensus that clearinghouses adequately mitigate the risks of trading credit derivatives. The Article advances two arguments. First, scholars have devoted little attention ...
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(Journal of Dispute Resolution, 2002)Professor Deborah Hensler tells an important cautionary tale about mandatory mediation in her thoughtful and provocative contribution to this volume. In Suppose It's Not True: Challenging Mediation Ideology, Hensler observes ...
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(Columbia Law Review, 2007-12)Legal scholars view administrative law as alternately shaped by concerns for procedural integrity and issues of political control, and therefore as consisting of largely conflicting rules. But they have overlooked that the ...
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(Journal of Economic Perspectives, 1991)Litigation over product liability has escalated because of shifting liability standards, and the role of workers' compensation has increased both because of the changing injury mix and the provision of more generous benefit ...
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(American Economic Association, 2012)Society has several institutional mechanisms that promote the control of product health and safety risks and compensation of the income losses that these risks generated. For risks traded in the market, economic forces at ...
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(The Journal of Legal Studies, 1988)The recent law and economics literature has directed much energy toward identifying the various factors that determine whether parties will litigate or settle accident claims.' The substantive interest in this area rests ...
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(The Journal of Political Economy, 1993)Product liability ideally should promote efficient levels of product safety, but misdirected liability efforts may depress beneficial innovations. This paper examines these competing effects of liability costs on product ...
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(Minnesota Law Review, 2017)How much will our budget be cut be this year? This question has loomed ominously over regulatory agencies for over three decades. After the 2016 presidential election, it now stands front and center in federal policy, with ...